The Various Types of Spousal Maintenance Available in Illinois

Spousal maintenance plays a pivotal role in divorce proceedings in Illinois. It is a form of financial assistance provided by one spouse to the other during or following a divorce. The primary objective of spousal maintenance is to mitigate any unfair economic effects of a divorce by providing a continuing income to a non-wage-earning or lower-wage-earning spouse. This guide aims to elucidate the various types of spousal maintenance available in Illinois, highlighting why it’s crucial for divorcing couples to grasp the different types at their disposal.

Types of Spousal Maintenance in Illinois

Temporary Spousal Maintenance

This type of maintenance is awarded during the divorce process, typically assisting the lower-earning spouse with living expenses until the divorce decree is finalized. It is calculated using a specific formula that considers both spouses’ incomes, ensuring immediate financial needs are met.

Long Term Spousal Maintenance

Long term maintenance may be granted when one spouse is unable to become economically self-sustaining after the divorce. Typically awarded in cases of long-term marriages, this support can continue indefinitely until certain factors are met, such as the recipient remarries or either spouse dies.

Qualification Criteria

The eligibility for each spousal maintenance type hinges on factors including the duration of the marriage, each spouse’s earning capacity, and sacrifices made during the marriage, such as career opportunities forgone for domestic responsibilities. Additionally, considerations like age, health, and contributions to the spouse’s earning capability (such as supporting educational pursuits) play roles in determining qualification.

Judges’ Consideration for Spousal Maintenance

When determining the amount and duration of spousal maintenance, judges meticulously evaluate each spouse’s earning potential, existing disabilities, and other influencing factors. The standard of living established during the marriage, alongside the needs of any involved children, significantly impacts these decisions. Judges may also consider the duration of the marriage and any agreements between the parties, such as prenuptial or postnuptial agreements.

Impact of Income-Sharing and Property Division

Income-sharing arrangements and property division outcomes can influence spousal maintenance decisions. For instance, if one spouse receives a substantial share of marital assets, their need for financial support might decrease, potentially reducing the spousal maintenance awarded. Additionally, the allocation of parental responsibilities might impact judges’ decisions as they may seek to mitigate the financial burden on both parties.

Contact Us For Guidance

Spousal maintenance in Illinois is a complex and crucial aspect of divorce proceedings. Understanding the various types available, along with the eligibility criteria and factors that influence judges’ decisions, can help divorcing couples navigate this process with greater ease. 

It’s imperative for individuals navigating divorce to seek legal counsel. Understanding the nuances of spousal maintenance ensures that all parties achieve a fair and sustainable post-divorce financial arrangement. At WARD FAMILY LAW, LLC, our experienced attorneys can guide you through spousal maintenance proceedings and calculations and help you secure the best possible outcome for your unique situation. Contact us today to schedule a consultation and learn more about how we can help.